Solved Objective questions[MCQs]-Preliminary Exam: Higher Judicial Service-3rd set
1- Democracy and Federalism are essential features of our Constitution and basic feature of its structure. This observation was made in S.R. Bommai vs. Union of India by the Judge.
(A) Justice P.B. Sawant
(B) Justice S.R. Pandyan
(C) Justice J.S. Verma
(D) Justice A.M. Ahmadi
Answer: (A)
2. According to A.V. Dicey in India the ‘Rule of Law’ is embodied in
(A) Article 12 of the Constitution of India
(B) Article 13 of the Constitution of India
(C) Article 14 of the Constitution of India
(D) Article 21 of the Constitution of India
Answer: (C)
3. When the court declares that certain provisions of the Act as invalid, it does not affect the validity of the Act and it remains as it is. The principle is known as:
(A) Doctrine of prospective over ruling.
(B) Doctrine of severability.
(C) Doctrine of pleasure.
(D) Doctrine of Eclipse.
Answer: (B)
4. Assertion (A): A Bill which contains a taxation clause besides clauses dealing with other matters may also be a Money Bill.
Reason (R): All Bills dealing with taxes are Money Bills.
Codes:
(A) Both (A) and (R) are true, but (R) is not the correct explanation of (A).
(B) Both (A) and (R) are true and (R) is the correct explanation of (A).
(C) (A) is false, but (R) is true.
(D) (A) is true, but (R) is false.
Answer: (A)
5. Article 40 of the Constitution of India deals with
(A) Provision for Just and humane conditions of work and maternity relief.
(B) Living wages etc. for workers.
(C) Duty of the State to raise the level of nutrition.
(D) Organisation of Village Panchayats.
Answer: (D)
6. Article 20 and Article 21 has been taken from the purview of Article 359 of the Constitution of India by
(A) 42nd Amendment
(B) 43rd Amendment
(C) 44th Amendmentwww.netugc.com
(D) 59th Amendment
Answer: (C)
7- In which of the following cases, the Supreme Court held that the principles of natural justice are applicable to administrative proceedings?
(A) M.C. Mehta Vs. Union of India.
(B) Maneka Gandhi Vs. Union of India.
(C) A.K. Kraipak Vs. Union of India.
(D) Smt. Indira Nehru Gandhi Vs. Raj Narain.
Answer: (C)
8- Find correct answer:
The writ of prohibition may be issued, when there is
(A) An absence of jurisdiction or abuse of jurisdiction.
(B) Violation of principles of natural justice and fraud.
(C) Any kind of contravention of the law of the land.
(D) all of the above.
Answer: (D)
9. Find correct answer:
The writ of certiorari necessarily implies that
(A) An error of fact, cannot corrected.
(B) An error of law apparent on the face of the record can be corrected.
(C) Violation of natural justice.
(D) None of the above.
Answer: (B)
10. State the legal status of Hindu Joint family.
(A) Hindu Joint family is a legal person.
(B) Hindu Joint family is a natural person.
(C) Hindu Joint family is both a legal and natural person.
(D) None of the above.
Answer: (A)
11. Read the following passage and match the column:
The social tolerance towards crime establishes the concept of crime. No longer people accept that crime is related to sin by which people feel remorse and undergo penance to seek exoneration from punishment. But there is a general opinion that crime is relatively connected to individual behaviour, which very often changes. To resolve the conflict, the general view is that, anything which is injurious to public welfare is a crime.
Column ‘P’ Column ‘Q’
i. Russell – Crime is not absolute as it depends upon social tolerance.
ii. Black Stone – Changing concept of crime as it is related to sin.
iii. H.J. Klare – Crime is known through attributes as it is related to behaviour.
iv. G.W. Patton – Act which does not attract law is not a crime.
Correct answer is
(A) i
(B) ii
(C) iii
(D) iv
Answer: (A)
12- The accused fired two shots with a revolver at point blank range at the Acting Governor but the bullets failed to produce the desired result because of some defect in the ammunition or intervention of leather wallet. What offence is caused?
(A) Culpable Homicide
(B) Attempt to Murder
(C) Attempt to harm
(D) None of them
Answer: (B)
13- In a case where a minor girl was in the custody of her mother. Later the mother obtained divorce from her husband and thereafter the father forcefully removed the daughter from the school. What offence is created by the father?
(A) Abduction
(B) Kidnapping
(C) Confinement
(D) Custody
Answer: (B)
14- Can a woman be prosecuted for gang rape?
(A) Occasionally
(B) As the case demands
(C) Not at all
(D) When she is a party to it
Answer: (C)
15. Criminal breach of trust is an offence which signifies:
(A) Entrustment
(B) Demand
(C) Refusal
(D) Wrongful intention
Answer: (A)
16. ‘X’ a Police Officer while executing a warrant of arrest against ‘Y’ asks ‘Z’ to identify ‘Y’. ‘Z’ knowingly tells that ‘M’ is ‘Y’ and consequently ‘M’ is arrested. What offence is committed by ‘Z?
(A) Abetment by Instigation
(B) Abetment by Aiding
(C) Abetment by False representation
(D) Abetment by Mischief
Answer: (C)
17. A married man commits adultery if he commits sexual intercourse with
(A) A teen aged girl.
(B) An unmarried woman.
(C) Any woman who is not his wife.
(D) Married woman.
Answer: (D)
18- In which of the following cases, the Supreme Court applied the doctrine of public trust that the State as a trustee of all natural resources is under a legal duty to protect the natural resources. These natural resources are meant for public use and cannot be converted into private ownership?
(A) M.C. Mehta Vs. Kamalnath and Others.
(B) M.C. Mehta Vs. Union of India (Ganga Water Pollution case)
(C) M.C. Mehta Vs. Union of India (Replacing diesel vehicles by CNG vehicles)
(D) Church of God (Full Gospel) in India Vs. KKR Majestic Colony Welfare Association.
Answer: (A)
19- In which of the following cases, the Supreme Court discussed the development of the precautionary principle?
(A) A.P. Pollution Control Board Vs. M.V. Nayudu.
(B) Rural Litigation and Entitlement Kendra Vs. State of U.P.
(C) M.C. Mehta Vs. Union of India (Ganga Water Pollution case)
(D) Olga Tellis (1986) casewww.netugc.com
Answer: (A)
20- The term “environment” under Section 2 (a) of the Environment (Protection) Act, 1986 means
(A) Air, Water and Land only.
(B) Water, Air, Land and interrelationship between air, water, and land only.
(C) Water, Air, Land, and the interrelationship between water, air and land and human beings, other living creatures, plants, micro-organism and property.
(D) None of the above.
Answer: (C)
23. Assertion (A): The right to clean drinking water and right to free air to breath are attributes of the right to life.
Reason (R): Because they are the basic elements which sustain life.
Codes:
(A) (A) and (R) are true. (R) is good explanation of (A).
(B) Both (A) and (R) are true. But (R) is not a good explanation of (A).
(C) (A) is true, (R) is false.
(D) (A) is false, (R) is true.
Answer: (A)
24. In which of the following cases, the Supreme Court observed that, ‘When there is a state of uncertainty due to the lack of data or material about the extent of damage or pollution likely to be caused, then in order to maintain the ecological balance, the burden of proof that the said balance will be maintained must necessarily be on the industry or the unit which is likely to cause pollution’?
(A) M.C. Mehta Vs. Union of India.
(B) Olga Tellis Vs. Bombay Municipal Corporation.
(C) Taj Trapezium case.
(D) None of the above.
Answer: (D)
25. In which of the following cases, the Supreme Court directed closing down and demolition of shrimp industries in coastal regulation zone and implement the “precautionary principle” and “the polluter pays principle and held them liable for payment of compensation for reversing the ecology and compensate the individual for loss suffered?
(A) S. Jagannath Vs. Union of India.
(B) Vellore Citizens Welfare Forum Vs. Union of India.
(C) M.C. Mehta Vs. Union of India.
(D) Church of God (Full Gospels) in India Vs. KKR Majestic Colony Welfare Association.
Answer: (A)
26. In which of the following cases, the Supreme Court upheld the governmental direction to close down the lime-stone mining operations and quarrying permanently, holding it the duty of the lessee to protest and safeguard the right of the people to live in a healthy environment with minimal disturbance of ecological balance?
(A) All India Council for Enviro Legal Action Vs. Union of India.
(B) Rural Litigation and Entitlement Kendra Vs. State of Uttar Pradesh.
(C) Vellore Citizens Welfare Forum Vs. Union of India.
(D) M.C. Mehta Vs. Union of India.
Answer: (B)
27. The non-permanent members of the Security Council of United Nations are elected for a term of
(A) Three years
(B) Five years
(C) One year
(D) Two years
Answer: (D)
28. Ceremonies of Hindu Marriage have been laid down in Minute details in
(A) Dharma Sutra
(B) Dharma Shastra
(C) Grhiya Sutra
(D) None of the above
Answer: (C)
29. To mature as a ground of Divorce the ‘Desertion’, under the Hindu Marriage
Act, 1955, must continue for a minimum period of
(A) One year
(B) Two years
(C) Three years
(D) None of the above
Answer: (B)
30. In which of its following Report the Law Commission recommended, the “Breakdown Principle’ to be accepted as the additional ground of Divorce?
(A) 70th Report
(B) 71st Report
(C) 72nd Report
(D) None of the above
Answer: (B)
31. Which of the following Ceremony/Ceremonies are obligatory under the Hindu Marriage Act?
(A) Kanyadan
(B) Panigrahan
(C) Saptapadi
(D) All of the above
Answer: (C)
32. Children born to annuled voidable marriages or void marriages under Section 11 and 12 of the Hindu Marriage Act are:
(A) Illegitimate
(B) Illegitimate but can inherit the property of their parents.
(C) Legitimate and can inherit all family property.
(D) Legitimate but can inherit only the property of their parents.
Answer: (D)
33. In which of the following cases, the court held that “Dower (Mehar) is a sale price of women”?
(A) Humara Begum case
(B) Aziz BanoVs. Mohammed
(C) Shah Bano case
(D) Abdul Kadir case
Answer: (D)
34. “Iddat” is a period during which a Muslim woman is prohibited from marrying on dissolution of marriage.
(A) By Death of husband
(B) By Divorce
(C) Only (A) and not (B)
(D) Both (A) and (B)
Answer: (D)
35. Indicate the order in which the following words appear in the definition of ‘Human Rights’ as given in Section 2(d) of the Protection of Human Rights Act, 1993.
(i) Life
(ii) Liberty
(iii) Equality
(iv) Dignity
Codes:
(A) (i), (iii), (ii) and (iv)
(B) (ii), (iii), (iv) and (i)
(C) (i), (ii), (iv) and (iii)
(D) (i), (ii), (iii) and (iv)
Answer: (D)
36. India is not a party to
(A) International Convention on Civil and Political Rights.
(B) International Convention on Economic, Social and Cultural Rights.
(C) Convention on the Rights of Child.
(D) Optional Protocol to International Civil and Political Rights.
Answer: (D)
37- Which one of the following is the fourth generation of Human Right?
(A) Right to Life
(B) Right to Health
(C) Right to Environment
(D) Right to Communication
Answer: (D)
38. Which of the following statement is true?
1. Under English Law Libel is actionable per-se.
2. Under Indian Law ‘Libel’ as well as Slander are actionable per-se.
3. Under English Law, only ‘Libel’ is a crime.
4. Under Indian Law both ‘Libel’ and ‘Slander’ are crime.
(A) 1, 2 and 3 are correct.
(B) 1, 2, 3 and 4 are correct.
(C) 2, 3 and 4 are correct.
(D) 1, 3 and 4 are correct.
Answer: (C)
39- The Rule of ‘Absolute Liability’ was laid down in the case
(A) M.C. Mehta vs. Union of India
(B) Madras Railways Co. vs. Zamidar
(C) K. Nagireddi vs. State of A.P.
(D) Minu B. Mehta vs. Balakrishna
Answer: (A)
40- Before the enactment of Sale of Goods Act, the provisions regarding Sale of
Goods were contained in:
A Indian contract Act, 1872
B Indian Registration Act, 1908
C Transfer of Property Act, 1882
D Indian Partnership Act, 1932
41- Validity of a foreign judgment can be challenged under section 13 of CPC
(a) in a civil court only
(b) in a criminal court only
(c) in both civil and criminal court
(d) neither in civil nor in criminal court.
42- A suit for damages for breach of contract can be filed, at a place
(a) where the contract was made
(b) where the contract was to be performed or breach occurred
(c) anywhere in India
(d) both (a) and (b).
43- According to section 27 of CPC summons to the defendant to be served on such date not beyond
(a) 30 days from the date of institution of suits
(b) 60 days from the date of’ institution of suits
(c) 45 days from the date of institution of suits
(d) 90 days from the date of institution of suits
44- In case of failure of filing the written statement within thirty days, the defendant can be allowed to file the same on such other day specified by the court for reasons recorded in writing
(a) within 90 days from the date of service of summons
(b) within 120 days from the date of service of summons
(c) within 60 days from the date of service summons
(d) within 45 days from the date of service summons.
45- On consummation of a muta marriage, the wife is entitled to
a. Half dower
b. full dower
c. double dower
d. no dower.
46. A new way to process rubber without using chemicals covered under:
(a) Trade mark
(b) Patent
(c) Industrial designs
(d) Geographical indications
47- Trade in services includes which of the following?
(a) Computer hardware
(b) Textiles
(c) Insurance
(d) Aerospace
48- Copyright protects
(a) Idea
(b) Expression
(c) Both (a) and (b)
(d) None of the above
49- Section _____ of the Limitation Act, 1908 deals with exclusion of time of proceeding bona fide in Court without jurisdiction
A. 13
B. 14
C. 15
D. None of above
50- When a perpetual injunction can be granted :
A. Section 36 of the Specific Relief Act, 1963
B. Section 37 of the Specific Relief Act, 1963
C. Section 38 of the Specific Relief Act, 1963
D. Section 39 of the Specific Relief Act, 1963
Solved Objective question[MCQ] paper for Preliminary Exam: Higher Judicial Service 2020- 1st Set
Tags: MCQs
